BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20100029965 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards and decorations, crew chief wings (correctly know as the Aviation Badge), and correction of his total years of active service.

2.  The applicant states he should have been awarded the:

* Air Medal with 6th Oak Leaf Cluster
* Presidential Unit Citation
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award (2nd Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

3.  The applicant provides:

* his DD Form 214
* one page of a DA Form 20 (Enlisted Qualification Record)
* two internet information sheets entitled "8th Transportation Co (Light Helicopter) to the 117th Aviation Co (Airmobile Light)" showing the award of unit awards for the Presidential Unit Citation, Valorous Unit Award, and Meritorious Unit Commendation


* a DD Form 215 (Correction to DD Form 214), dated 27 January 2005, that was issued to a fellow Soldier

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 15 June 1964 for a period of
3 years.  He was awarded military occupational specialty (MOS) 67N (Single Rotor Utility Helicopter Repairer).

3.  The applicant's DA Form 20 shows he served in the Republic of Vietnam from 12 April 1965 to 4 April 1966.  Item 38 (Record of Assignments) shows he served with:

* Company A, 1st Battalion, 52nd Aviation Regiment from 2 May through
18 May 1965, performing duties as a Single-Rotor Turbine Helicopter Maintainer
* 117th Aviation Company (Airmobile) from 19 May 1965 to 4 April 1966 performing the same duties

4.  Item 38 of his DA Form 20 also shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

5.  The applicant was honorably released from active duty on 22 May 1967 in the rank/grade of specialist five (SP5)/E5.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at the time shows in:


* item 22a(1) (Net Service This Period) the entry "1  11  8," indicating
1 year, 11 months, and 8 days
* item 22a(3) (Total) the entry "1  11  8"
* item 22b (Total Active Service) the entry "1  11  8"
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Vietnam Service Medal
* Air Medal

6.  Headquarters, U.S. Army Vietnam awarded the applicant the Air Medal as follows:

* General Orders Number 4313, dated 7 April 1966, awarded the applicant the Air Medal (2nd oak leaf cluster) for the period 26 August 1965 to
14 September 1965
* General Orders Number 2463, dated 22 April 1966, awarded the applicant the Air Medal (3rd oak leaf cluster) for the period 15 September 1965 to
9 November 1965
* General Orders Number 2496, dated 24 April 1966, awarded the applicant the Air Medal (4th oak leaf cluster) for the period 10 November 1965 to
14 December 1965
* General Orders Number 2533, dated 27 April 1966, awarded the applicant the Air Medal (5th oak leaf cluster) for the period 16 December 1965 to
11 January 1966

7.  General Orders Number 310, issued by Headquarters, 1st Aviation Brigade, dated 21 September 1966, awarded the applicant the Air Medal (6th oak leaf cluster) for the period 12 January 1966 to 4 February 1966.

8.  Army Regulation 600-8-22 (Military Awards) provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The Number 2 denotes the second award of the Air Medal.

9.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.


10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 117th Aviation Company was cited for award of the:

* Presidential Unit Citation for the period 10 through 13 June 1965 by Department of the Army General Orders (DAGO) Number 43, dated 1966
* Valorous Unit Award for the period 18 September 1965 through
28 October 1965 by DAGO Number 20, dated 1967
* Valorous Unit Award for the period 1 January 1966 through 24 March 1966 by DAGO Number 17, dated 1968
* Meritorious Unit Commendation for the period December 1965 through September 1966 by DAGO Number 17, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 through 26 March 1967 by DAGO Number 38, dated 1970

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following campaigns:

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)

12.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

13.  Army Regulation 600-8-22 authorizes permanent award of the Basic Aviation Badge (formerly the Aircraft Crew Member Badge) to individuals upon successful completion of advanced individual training (AIT) in career management fields (CMFs) 67 (aircraft maintenance) and 93 (aviation operations) and to Soldiers who previously completed AIT in CMF 28 (aviation communications and electronic systems maintenance).

14.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award 


only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant was assigned to the 117th Aviation Company in Vietnam, it was cited for award of the Presidential Unit Citation, Valorous Unit Award
(2nd Award), Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore he is entitled to correction of his DD Form 214 to show these unit awards.

2.  General orders show the applicant was awarded the Air Medal with 6th oak leaf cluster which equates to seven awards of the Air Medal.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal, with numeral 2 denoting the second award of the Air Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show the Air Medal with numeral 7.

3.  Records show the applicant participated in two campaign phases during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  The evidence of record shows the applicant completed AIT and he was awarded MOS 67N.  Therefore, he is entitled to award of the Basic Aviation Badge and correction of his DD Form 214 to show this award.

5.  The applicant served during a qualifying period of service for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his
DD Form 214 should be corrected to show this award.

6.  The applicant entered active service on 15 June 1964 and he was honorably released from active duty on 22 May 1967, which equates to 2 years, 11 months, and 8 days of total active service.  Therefore, items 22a(1), (2), and 22b of his DD Form 214 should be corrected to show his 2 years, 11 months, and 8 days of active service.


7.  The applicant served during a qualifying period of service for the first award of the Army Good Conduct Medal.  He received "excellent" conduct and efficiency rating throughout his service, there is no record of any disciplinary actions or a commander's disqualification that would have precluded him from the award of the Army Good Conduct Medal, and he attained the rank/grade of SP5/E-5.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 15 June 1964 through 22 May 1967, and his DD Form 214 should be corrected to show this award.

BOARD VOTE:

__x___  ___x_____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Departments of the Army records of the individual concerned be corrected by:

	a.  deleting from items 22a(1), (3), and 22b of his DD Form 214 the entry
"1  11  8" and replacing them with the entry "2  11  8";

	b.  deleting from item 24 of his DD Form 214 the Air Medal;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period
15 June 1964 through 22 May 1967;

	d.  awarding the applicant the Basic Aviation Badge; and

	e.  adding to item 24 of his DD Form 214 the:

* Air Medal with numeral 7
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Presidential Unit Citation
* Valorous Unit Award (2nd Award)
* Meritorious Unit Commendation
* Basic Aviation Badge



      __________x_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20100029965



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